The Proposed Ordinance

Wednesday

Aug 20, 2014 at 10:14 AM

The proposed ordinance on chicken coops in Carthage.

Staff Reports

An Ordinance to amend Section 4-3 and Section 4-4 of the Carthage Code to require certain animals to be kept in an enclosure with limitations. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CARTHAGE, JASPER COUNTY, MISSOURI as follows: SECTION I: Section 4-3 of the Code of Carthage is hereby repealed and the following enacted in lieu thereof:

Sec. 4-3. - Keeping generally. a) No person shall keep or harbor animals in such number or in such close proximity to the dwelling place of another that the same shall become offensive, noisome, disagreeable, or obnoxious to the community in which located. In addition, all property upon which said animals are being kept shall be kept well drained, dry, and at all times free from standing water and filth. b) No person shall keep chickens, ducks, geese, turkeys, pigeons, or other fowl except in an enclosure which is not less than twenty five (25) feet from any neighbor’s dwelling, church or school, as measured from the exterior boundary of such enclosure, nor shall any person permit the accumulation of manure in any such enclosure, this section shall not apply to those in compliance with sections 4-4. c) It shall be unlawful for the owner or any person having control of any animal to permit the animal to cause damage to the property of another, or permit such animal to create a noise disturbance so as to constitute a disturbance of another person's peace. The owner or person having control of any animal will be deemed to have allowed the animal to be a disturbance of another person's peace by being noisome if the police are requested to respond to such a complaint a second or subsequent time within any seventy-two-hour period after first having warned the owner or person having control of the animal that the animal is creating a disturbance and after personally confirming that the animal is causing a disturbance. SECTION II: Section 4-4 of the Code of Carthage is hereby repealed and the following enacted in lieu thereof: Sec. 4-4. - Keeping of Chickens. a) Keeping of Chickens 1) No more than five (5) chickens, and no more than four (4) of this number being egg laying hens shall be kept per tract of land regardless of how many dwelling units are on the tract. 2) Only female chickens are allowed. A female chicken is defined as hatched member of gallus domesticus. 3) It shall be unlawful to engage in chicken breeding or fertilizer production for commercial purposes. 4) There shall be no outside slaughtering of birds. 5) All enclosures must be kept in a clean, dry, and neat and sanitary condition at all times and at least two (2) feet above the ground. 6) Henhouses, chicken tractors and chicken pens must provide adequate ventilation and adequate sun and shade and must be impermeable to rodents, wild birds and predators, including dogs and cats. 7) A henhouse or chicken tractor shall be enclosed on all sides and shall have a roof and doors. Access doors must be able to be shut and locked at night. Opening windows and vents must be covered with predator and bird proof wire of less than one-inch openings. 8) The henhouse or chicken tractor must allow a minimum of 4 square feet per chicken. 9) It shall be unlawful to use a primary dwelling or residence as a henhouse, or chicken tractor. 10) The materials used in making a henhouse or chicken tractor shall be uniform for each element of the structure such that the walls are made of the same material, the roof has the same shingles or other covering, and any windows or openings are constructed using the same materials. Henhouses and chicken tractors shall be well maintained. 11) All henhouses, chicken tractors and chicken pens must be located at least ten (10) feet from the property line and at least twenty-five (25) feet from any adjacent residential dwelling, church, school or place of business. 12) All henhouses, chicken tractors and chicken pens must be located in the rear of the primary structure. 13) Chickens found to be infested with insets and parasites that may result in unhealthy conditions to human habitation shall be removed by an animal control officer, with all cost taxed to the property owner. 14) All chickens shall be provided with access to feed and clean water at all times. The feed and water shall be unavailable to rodents, wild birds and predators. 15) The chicken owner must provide for the storage and removal of chicken manure. All stored manure shall be covered by a fully enclosed structure with a roof or lid over the entire structure. No more than three (3) cubic feet of manure shall be stored. All other manure not used for composting or fertilizing shall be removed. The henhouse, chicken tractor, chicken pen and surrounding area must be kept free from thrash and accumulated droppings. Uneaten feed shall be removed in a timely manner.16) No dog or cat which kills a chicken will, for that reason alone be considered a dangerous or aggressive animal. 17) Any and all violations of Sections 4-4 shall be assessed a fine of no less than $100 and all cost by the city in remedying any violations of Sections 4-4 shall be taxed to the property owner. 18) Any person or property found in violations of Section 4-4 shall no longer be permitted to house chickens on the property for a period of one (1) year. After that time, the person may apply for a permit upon review by the Animal Control Officer. 19) Persons wishing to keep fowl within the city must obtain a permit from the City Clerk’s Office, after an inspection and approval by the Animal Control Officer, and the payment of an annual fee of five dollars ($5).

b) Chickens running at large 1) All chickens within the city must be kept in an enclosure or fenced area at all times. At no time may any chicken be tied or leashed to inanimate objects such as trees, posts, buildings, etc. 2) Chickens shall be secured within a henhouse or chicken tractor during non-daylight hours. 3) Any person found guilty of violating this section shall be subject to a penalty of twenty-five dollars ($25.00) for first offense, fifty dollars ($50.00) for second offense within a 12 month period, one hundred dollars ($100.00) for third offense in a twelve month period. 4) Any person found guilty of violating Section 4-4(b) three times within a twelve month period shall no longer be permitted to house chicken on the property for a period of one year.